Research On The Connection Between Ecological Environmental Damage Compensation Litigation And Environmental Civil Public Interest Litigation

Since the 2012 "Civil Procedure Law" established the environmental civil public interest litigation system,my country has conducted a pilot ecological environment damage compensation system in 2015 and implemented it on a national trial basis in 2017.However,it has also triggered litigation and litigation for ecological environment damage compensation.Considerations on the convergence problems arising from the competition and cooperation of environmental civil public interest litigation,and the convergence of ecological environment damage compensation consultation and litigation.In order to better solve the problems of the convergence of the "two litigations",negotiation and litigation,the article first examines the relationship between the two litigations,including the difference between the "subject of the lawsuit,the theoretical basis and whether the negotiation is preceded or not" and the "litigation" The connection on the “purpose,litigation request and scope of application” provides sufficient theoretical support for the following development.Secondly,it analyzes the problem of competition and cooperation between the two lawsuits.Based on the ownership of natural resources,it is an ecological environmental damage compensation lawsuit,and it is a narrow environmental civil public interest lawsuit for damaging social public interests.The intersection of the two and the protection of environmental public interest are essentially environmental civil public interest lawsuits in a broad sense.It is inevitable that there will be competition and cooperation in the relief of ecological function value;through sorting out some typical cases of provinces and cities,such as the "Chongqing Cangjin Pavilion case","Nanjing Destar case","Shandong Jincheng case","Shandong Bohui case","Inner Mongolia Gufu case",etc.,analyze the current status of practice of the connection,negotiation and connection of the two lawsuits.Once again,sort out relevant laws and regulations.In the "Several Provisions of the Supreme People’s Court on the Trial of Ecological Damage Compensation Cases(for Trial Implementation)" that were implemented on June 5,2019,three provisions were used to provide for the convergence rules of the "two litigations",but they were too general to be impossible.To better solve the problems in judicial practice,including "unreasonable rules for the convergence of the two lawsuits,lack of rules for the combined trial of the two lawsuits,and inconsistent rules for the convergence of consultation and the two lawsuits".Finally,the corresponding countermeasures are proposed,including "determining the rules for the priority of the first trial of prosecution,adding the rules for the combined trial of the two types of litigation,and clarifying the rules for the connection between consultation and the two lawsuits",in order to provide a certain degree for the improvement of the ecological environment damage compensation litigation rules.Suggest.